英国人身伤害之非金钱损失赔偿度研究——兼论对我国相关制度的构建

在英国的侵权法体系中,人身伤害之非金钱损失的两大类型是“疼痛和痛苦”和“安乐生活的丧失”。在人身伤害的案件中,受害人可基于这类损失的发生获得赔偿。对于这些损失的存在及其程度的认定,不是从伤害的发生推定出来的,而是在对个案的情况进行考察的基础上确定的。为便于这一领域赔偿金的确定,英国的司法研究委员会提出了一些供参考的因素。现今已经取得的广泛共识是,在“情节较严重的案件”中,应当增加赔偿金的数额。关于赔偿金支付的时间的法律适用,有人建议应当允许受害人在一次性支付和分期支付之间进行选择。     

人身损害赔偿中精神障碍者民事行为能力评定

目的寻求并确证人身损害赔偿中精神障碍者民事行为能力评定的考量指标。方法回顾性收集司法部司法鉴定科学技术研究所2003--2005年的关于人身损害赔偿中精神障碍者民事行为能力评定案例中被鉴定人的相关材料,提炼出6个考量指标：处境认识、争端理解、结果认识、信息利用、环境功能和决定交流进行评定,并用SPSS11．5软件进行统计分析。结果考量指标与专家鉴定结论间的相关系数在0．632～0．876,考量指标间的相关系数在0．575～0．911。结论提炼的6个考量指标在人身损害赔偿中精神障碍者民事行为能力评定具有代表性,可以此为基础深入开展民事行为能力标准化评定及量化研究。     

浅议寻衅滋事犯罪认定中的几个问题

现行刑法中的寻衅滋事罪源于1979年刑法的流氓罪,且现行刑法具体罗列了4种行为。但因刑法规定过于笼统,给司法实践带来诸多困扰。虽然最高人民检察院及上海市司法机关相关规定的出台为寻衅滋事罪提供了量化的标准,然而实践中仍存在一些问题。司法人员在实际办案中应综合考虑,具体案件具体分析。     

Chronic Traumatic Encephalopathy Pathology After Shotgun Injury to the Brain

Chronic traumatic encephalopathy (CTE) was initially conceptualized in boxers, but has extended to other athletes in recent years, albeit with limited clinical correlations. It is often asserted that CTE pathology represents the substrate for progressive neurodegenerative disease. We report the case of a shotgun injury to the brain with 42‐year survival and no neurological disease progression until shortly before death. The decedent had no other traumatic brain injury (TBI) exposure and did not play football or other high energy collision sport. Neuropathological examination confirmed tissue damage, but additionally demonstrated localized patterns of phosphorylated tau (p‐tau) meeting criteria for CTE pathology. P‐tau and TDP‐43 deposits within marginal tissue of damaged brain were also present focally. No amyloid‐β (Aβ) deposits were present. These findings indicate that CTE pathology may occur following a single, severe TBI.     

The Accuracy and Applicability of 3D Modeling and Printing Blunt Force Cranial Injuries

The purpose of this study was to determine the factors affecting the accuracy of 3D models and 3D prints of cranial blunt force trauma, to evaluate the applicability and limitations of modeling such injuries. Three types of cranial blunt force lesions were documented (hinge, depressed, and comminuted) using three forms of surface scanning (laser, structured light scanner, and photogrammetry) at two different quality settings (standard and high). 3D printed models of the lesions were produced using two different materials (a gypsum‐like composite powder called VisiJet^® PXL and an acrylic engineered composite plastic called VisiJet^® M3 in crystal colour). The results of these analyzes indicate the prints in this study exhibit some statistically significant differences from the actual bone lesions, but details of the lesions can be reproduced to within 2 mm accuracy.     

Injury Patterns Sustained in Fatal Motor Vehicle Collisions with Driver's Third‐Generation Airbag Deployment

The Office of the Chief Coroner for Ontario database for 2011–2012 was used to compare fatal injury patterns in drivers whose third‐generation airbags deployed compared to first‐ and second‐generation airbag deployments and airbag nondeployments with and without seatbelt use. There were 110 frontal and offset frontal crashes analyzed. The small sample size meant that the odds of craniocerebral, cervical spinal, thoracic, and abdominal injuries were not statistically different for airbag generation, deployment status, and seatbelt use; however, the risk of fatal thoracic injuries in third‐ and second‐generation cases was increased. Seatbelt usage in third‐ and second‐generation deployment cases reduced the risk of all injuries except abdominal trauma. High severity impacts and occupant compartment intrusion were frequently observed. The analyses in this retrospective study were challenged by data that were not collated in a standardized way and were limited in details about scene, vehicle, and driver variables.     

Head banging as a form of self-harm among inpatients within forensic mental health and intellectual disability services

Introduction: ‘Head banging’ is a common form of self-harm, linked to numerous negative outcomes including significant brain damage. However, little research has investigated head banging behaviour and its correlates in clinical populations. Method: Head banging episodes were identified from the incident records (n = 5417) of two inpatient forensic services (one intellectual disability and one mental health), using relevant search terms. Rates were compared between individual patients, by gender, diagnosis and level of security. Incident accounts were analysed qualitatively using thematic analysis. Results: Head banging incidents occurred approximately every 3 days in each service, with 229 incidents recorded in 1 year. Individual patient rates varied widely, ranging from 1 to 38 incidents within 1 year. Women, and patients in higher levels of therapeutic security, were significantly more likely to engage in head banging. Qualitative incident reports indicated that head banging was associated with mental distress, anger and psychotic experiences. Discussion: Head banging occurs frequently in forensic services, and has documented associations with traumatic brain injury in affected individuals, thus negatively impacting progress through the care pathway and treatment outcomes. Further research should investigate short- and long-term management strategies and treatment approaches, in order to minimise harm.     

In the Line of Fire—21st-Century Approach to an Ancient War Injury

Abstract:  Authentic black-powder muzzle-loader weapons or replicas are used today primarily for re-enactments of historic battles. A lay actor playing the role of a Prussian infantryman sustained life-threatening gunshot injuries during a recent re-enactment of a historic battle of the Sixth Coalition. As only blank historic muzzle-loading weaponry was used, the origin of the missile causing the wounding was initially unclear. Further investigation revealed a ramrod that had been propelled out of the barrel of another gunner's smooth-bore gun as cause of injury. The ramrod was hurled on a trajectory of more than 20 m, breaking the victim's shouldered barrel and hitting the victim resulting in severe abdominal, thoracic, and upper limb injuries. The critical incidents while handling muzzle-loading weaponry leading to premature discharge are elucidated. Furthermore, this report demonstrates how actual diagnostics and subsequent surgical treatment enabled this infantryman to survive an injury to which his comrades-in-arms would have succumbed 200 years ago.     

RACIAL ANIMOSITY AND INTERRACIAL CRIME*

The primary objective of this study is to determine the effect of a victim's race on the likelihood of him or her being seriously injured during the commission of an interracial crime. We also assess the probability of a homicide occurring during an interracial crime. A multilevel city analysis shows that black offenders are no more apt than white offenders to injure their victims seriously during an interracial robbery or rape. A black offender also does not have a greater proclivity to kill his or her victim during the commission of an interracial crime. Some evidence suggests that white victims are more likely than black victims to suffer serious physical harm during an aggravated assault. Results also reveal that contextual factors related to racial animosity, such as residential segregation, white‐to‐black economic inequality, and black‐to‐white unemployment, fail to have any moderating effect on either the severity of victim injury or the likelihood of a homicide occurring during an interracial crime. Overall, the results generated in this study tend to cast doubt on the validity of racial animosity theory. Our findings also lead us to question the veracity of the oftenmade claim that black‐on‐white crimes are punished more severely because these types of offenses are somehow more heinous in circumstance. At least in regard to serious victim injury and victim death, black‐on‐white crime is no more violent than white‐on‐black crime.     

Potentially Lethal Behaviors Associated With Rapid Eye Movement Sleep Behavior Disorder: Review of the Literature and Forensic Implications

Abstract:  Rapid eye movement (REM) sleep behavior disorder (RBD) is characterized by loss of the muscle atonia of REM sleep, with release of complex and violent behaviors that are often attempted dream-enactments. This study reviewed the literature on RBD with regard to potentially lethal behavior. A total of 39–41 clinical cases of RBD associated with potentially lethal behaviors to self and/or others were found, involving a child and adults of all age groups, that manifested as choking/headlock ( n  = 22–24), defenestration/near-defenestration ( n  = 7), and diving from bed ( n  = 10). A total of 80.8% ( n  = 21) were males; 19.2% ( n  = 5) were females; mean age was 65.6 ± (SD) 13.8 years (range: 27–81 years, and a child). (Gender/age data were not listed in the remaining cases.) An etiologic association of RBD with a neurologic disorder (or with pharmacotherapy of psychiatric disorders, n  = 4) was present in 21–23 patients. Thus, RBD carries well-documented, potential forensic consequences during RBD episodes that could possibly have been misinterpreted as suicidal or homicidal behavior.